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Divorce

Eagan Divorce Lawyers

Assisting Clients With Divorce Matters in Minnesota

A divorce has the potential to affect a couple’s emotional and financial wellbeing. At Kennedy & Ruhsam Law Offices, P.A. we understand the difficulty of this legal process and will do everything we can to take as much of the burden off your shoulders as possible.

We do this by providing the most beneficial legal services and guidance to every client going through a divorce. With over 13 years of experience handling family law cases, our lawyer is well-versed in all aspects of the divorce process and will effectively advocate for your rights and best interests.


To speak with our compassionate divorce attorney in Eagan, office at (651) 369-7749 today.


Divorce Process in Minnesota

To begin the divorce process in Minnesota, one party must be a resident of the state for at least 3 months before filing. Additionally, the party seeking the divorce must file a petition for this legal action with the state and serve a copy to the other party. Our Eagan County divorce lawyer can help you draft an effective petition that covers all the necessary requirements to begin the divorce process.

Eligibility for Simplified Divorce Proceedings 

Some couples may qualify for a summary dissolution of marriage proceeding. This legal action is a quicker, streamlined process for obtaining a divorce.

To qualify, a couple must:

  • Not share any living minor children;
  • Have been married for less than 8 years;
  • Not share any real estate properties;
  • Not have debts greater than $8,000 (excluding vehicle liens);
  • Not have a shared property value greater than $25,000;
  • Not have a separate property value greater than $25,000 and/or
  • Not have a history of marital domestic violence.

If a couple qualifies for this process, they can only obtain a divorce decree by filing a sworn declaration that must be notarized by a third party. Our Eagan divorce attorney can help you determine whether you qualify for a summary dissolution and, if so, effectively guide you through this process.

Understanding Minnesota's No-Fault Divorce Laws

Yes, Minnesota is a ‘no-fault’ state which means that neither spouse needs to place blame on the other as a reason for the divorce.

This does not mean that a judge will automatically grant you a divorce, you will need to show that an irretrievable breakdown of the marital relationship has occurred. If one party denies this breakdown, then the court must consider all relevant factors that caused one party to file for the divorce.

Proving an Irretrievable Breakdown in Eagan Divorce Court

The idea of proving to a judge that your marriage is irretrievably broken may seem initially daunting, however it is not that difficult.

For example, you can show the court:

  • That you and your spouse have lived in separate residences for 180 days or more
  • Evidence of severe marital discord that negatively affects one or both parties
  • There is no reasonable prospect or expectation for reconciliation
  • Your spouse created an unsafe living environment, either physically or emotionally

Either party’s testimony is enough to prove the irretrievable breakdown of a marriage.

For example, the party seeking the divorce may explain how the couple sought therapy and/or a legal separation before deciding upon divorce as their final course of action. In addition, you do not need permission from your spouse to obtain a no-fault divorce. If he or she does not reply once served, you can still get the divorce via default judgement.

Why You Should Consult an Eagan Divorce Attorney

The state of Minnesota does not require legal representation when filing for a divorce. Still, it is in your best interests to consult with a lawyer to identify your options.

If you are not a legal expert, you may misinterpret laws or statutes that are specific to Minnesota. Hiring an Eagan divorce lawyer can also reduce the stress associated with the excess paperwork involved. Additionally, if your spouse hires an attorney, you will want to as well.

How Marital Property Is Divided in Eagan Divorces

When completing a divorce, a couple must divide all marital property. This can either be done by the couple (if they can agree upon how they would like to split property) or by a judge.

If the judge is responsible for dividing property, they commonly make these decisions based on:

  • Marital length
  • Any prior marriages
  • Each party’s age and health
  • Each party’s source of income
  • Each party’s earning potential
  • Each party’s contributions to the marriage

Property divided during the divorce process can only be shared property acquired during the marriage.

Asset Division in Minnesota Divorce

For example, if a couple bought a home while they were married, the value or property itself can be divided between both parties. However, if one person bought the home before the marriage or during the divorce process, it is considered solely the property of the party who purchased it and can not legally be divided.

How Our Divorce Attorney Can Help You

Navigating the complexities of divorce can be overwhelming and emotionally taxing. At Kennedy & Ruhsam Law Offices, P.A., we are dedicated to providing compassionate and comprehensive legal support to guide you through this challenging time. Our primary objective is to protect your interests and ensure a fair and just resolution tailored to your unique situation. We can help you by:

  • Personalized Legal Strategy: Every divorce case is different, and we understand the importance of a personalized approach. We work closely with you to develop a legal strategy aligning with your goals and addressing your concerns. Whether you are dealing with a contested or uncontested divorce, high-asset division, or complex custody disputes, we are equipped to handle all aspects of your case professionally and carefully.
  • Skilled Negotiation and Mediation: Divorce does not always have to be contentious. We are skilled negotiators and mediators who strive to resolve conflicts amicably whenever possible. We facilitate productive discussions between parties through mediation, aiming for mutually beneficial agreements that can save time, reduce stress, and minimize legal costs. However, we are prepared to vigorously advocate for your rights in court if litigation becomes necessary.
  • Protecting Your Future: A divorce can have long-term implications for your financial stability and family dynamics. We are committed to helping you achieve a settlement that secures your future. We provide strategic advice on asset protection, retirement planning, and other critical issues that may impact your post-divorce life. We aim to help you move forward with confidence and peace of mind by prioritizing your well-being and long-term goals.
  • Confidential and Compassionate Representation: Divorce is a deeply personal matter, and maintaining your privacy is paramount. We understand the emotional challenges that come with divorce and are here to offer legal expertise and the compassion and support you need during this difficult time.

Contact Our Eagan Divorce Attorneys Today

We understand the complexities of the divorce process. From navigating the legal aspect to supporting our clients’ emotional needs, we are dedicated to helping resolve their case. We are here to offer sound and skilled services to all our clients.


Schedule your consultation with our professional Eagan divorce lawyer by calling us at (651) 369-7749 or contacting our firm online.


Commonly Asked Questions

What is a no-fault divorce in Minnesota?

In Minnesota, a no-fault divorce means that neither spouse is required to prove the other's fault or wrongdoing to obtain a divorce. Instead, one must simply state that there has been an irretrievable breakdown of the marital relationship. This approach aims to reduce conflict and simplify the legal process, as proving fault can be complex and emotionally charged.

How can I qualify for a simplified divorce proceeding in Eagan?

To qualify for a simplified divorce proceeding in Eagan, you and your spouse must meet certain criteria such as not having minor children together, being married for less than 8 years, not owning real estate together, having less than $8,000 in joint debts (excluding vehicle liens), and not having more than $25,000 in shared or individual property value. Additionally, there should be no history of domestic violence. These conditions make the process quicker and less complicated.

Do I need to live in Minnesota for a certain period before filing for divorce?

Yes, to file for divorce in Minnesota, at least one spouse must have been a resident of the state for a minimum of 3 months prior to filing. This residency requirement ensures that the state has jurisdiction over the divorce proceedings. If you're unsure about your residency status or how it affects your ability to file, it's advisable to consult with a knowledgeable divorce attorney in Eagan.

How is marital property divided in an Eagan divorce?

In Eagan, marital property is divided equitably during a divorce. This means the division is based on fairness, considering factors such as the length of the marriage, prior marriages, each spouse's age, health, income, earning potential, and contributions to the marriage. If spouses can agree on the division, they can settle it themselves; otherwise, a judge will decide. Only property acquired during the marriage is subject to division.

The Kennedy & Ruhsam Philosophy

  • Years of Experience
    Our team has 65+ years of combined experience.
  • Committed to Excellence
    Choosing a lawyer shouldn’t be taken lightly. Committed to serving your specific situation, Kennedy & Ruhsam Law is committed to you.
  • Honest Communication
    We understand legalities can be overwhelming, but we’re here to provide prompt and skillful services based on communication.
  • The Law Comes First
    The attorneys offer full-service representation on a wide range of legal issues.

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